Faculty Handbook
Approved by University Council
May 26, 1994
The University of Houston-Clear Lake is committed to providing a professional working and learning environment free from sexual harassment. Sexual harassment is illegal. The University of Houston-Clear Lake will not tolerate any form of sexual harassment. The institution is committed to providing training to educate the staff, faculty, and students about sexual harassment issues.
Harassment on the basis of sex is discrimination in violation of Title VII of the Civil Rights Act of 1964, 43 U.S.C. Sec. 2000e, and Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681. In addition, sexual harassment by a public servant is a criminal offense under Texas Penal Code Sec 39.02/ and sexual harassment by any individual may constitute assault, sexual assault, public lewdness, or indecent exposure under Chapters 21 and 22 of the Texas Penal Code.
Sexual harassment most often exploits a relationship between individuals of unequal power and authority. Sexual harassment can occur between any two individuals (for example, a teacher harassing a student; a student harassing a teacher; a supervisor harassing an employee; an employee harassing a supervisor; or harassment between any university community members regardless of position). Sexual harassment is not limited by the gender of either party. At a university, sexual harassment constitutes unprofessional conduct which compromises the university's commitment to the pursuit of learning.
Unwelcome sexual advances, requests for sexual favors, verbal and written comments, or physical conduct of a sexual nature may constitute sexual harassment when such conduct:
a. is made, either explicitly or implicitly / a term or condition of instruction, employment, or participation in a university activity; or
b. is used as a basis for evaluation in making academic or personnel
decisions affecting an individual; or
c. creates an intimidating, hostile, or offensive university environment.
In relation to the foregoing statements, sexually harassing behavior may include, but is not limited to, the following: unwelcome sexual flirtations, advances, or propositions; verbal remarks of a sexual nature (whether directed to an individual or a group), including sexually explicit or offensive jokes; graphic or degrading verbal or written comments of a sexual nature about an individual or the individual's appearance; any suggestive or unwelcome physical contact; conduct of a sexual nature that interferes with a student's academic or extracurricular activities or with an employee's job performance; or assault.
The ultimate ,responsibility for the effective implementation of this policy is with the President of the University of Houston-Clear Lake. The Senior Vice President and Provost, The Associate Vice President for Student Services, the Dean of Students, and the Executive Director of Human Resources and Affirmative Action will see that the university's sexual harassment policy is communicated on a routine basis through the faculty, student, and staff handbooks.
Failure of supervisors to report allegations of sexual harassment or failure to take
timely corrective action is a violation of university policy and may be considered a
violation of the law. The university is prepared to take preventive and corrective action in cases of sexual harassment; individuals who engage in such misconduct are subject to appropriate disciplinary action.
All members of the university community are responsible for creating and maintaining working and learning environments free of sexual harassment.
The university will counsel with individuals regarding sexual harassment and investigate complaints of sexual harassment; and, subsequent to such investigations, take appropriate actions. Failure to investigate complaints of sexual harassment, or failure to take timely action is considered a violation of university policy.
All efforts will be made to respect the right to confidentiality of all parties involved in a sexual harassment charge. Confidentiality, however, cannot be guaranteed.
Pending .final campus action on a complaint, confidentiality relative to all official
proceedings and complaint documentation will be respected by all individuals charged with administering this policy.
Retaliatory action taken against an individual as a result of that person's seeking redress under the applicable procedures dealing with sexual harassment is prohibited. Such action shall be regarded as a separate and distinct cause for complaint and will be referred to the appropriate campus disciplinary process for resolution.
If any fact finding body in the procedure determines that a sexual harassment allegation is frivolous, tf1ie complainant will be' counseled and the complaint dismissed. If it is determined that a sexual harassment complaint is malicious, the complainant will be subject to disciplinary action. Repeated filing of frivolous complaints will be considered a malicious action, and handled by appropriate disciplinary procedures. The failure to substantiate a sexual harassment charge does not automatically constitute a malicious charge.
This policy does not preclude anyone from pursuing a complaint, at any stage of the process, with an external agency.
Open the original version of this page.
Usablenet Assistive is a UsableNet product. Usablenet Assistive Main Page.
